Student Bill of Rights and Responsibilities
Eastern Florida State College students are both citizens and members of the academic community. As citizens, students enjoy freedom of speech, peaceful assembly and the right to petition. As members of the academic community, they are subject to the obligations which are theirs by virtue of this membership.
When students attend the College, they become subject to its jurisdiction. Students are expected to conduct themselves in a responsible manner in all areas of campus life. By enrolling, they pledge to obey the rules and regulations of the College and are responsible for observing all Board of Trustees' Policies and Procedures.
Student Code of Conduct
This code of conduct relates to all actions disruptive to the educational process and environment and includes both physical and virtual (online) educational communities and communications. Violation of the standard of conduct herein stated will be considered as a disciplinary matter and treated in accordance with procedures of due process and with respect of the rights and welfare of all members of the college community. The standards of conduct are set forth in Appendix A. The “preponderance of the evidence” standard (i.e. more likely than not) shall be used in determining whether there has been a violation of the Student Code of Conduct.
Appendix A: Student Code of Conduct
This code of conduct relates to all actions disruptive or otherwise harmful to the educational process and includes both physical and virtual (online) educational communities and communications. Violation of the standard of conduct herein will be considered a disciplinary matter and treated in accordance with procedures of due process and with respect of the right and welfare of all members of the College community. Standards of conduct for which students are subject to disciplinary action, such as suspension or expulsion from EFSC, include, but are not limited to, those described below:
- Academic Dishonesty - Cheating, plagiarism and any other misrepresentation of work are prohibited. Students who are found to be in violation of this standard may receive severe sanctions including a failing grade in their respective course and, depending on the circumstances, possible expulsion from Eastern Florida State College.
- Aiding or Facilitating – No student may aid, facilitate, assist, support, promote, or otherwise encourage the commission of any conduct or behavior prohibited by this Student Code of Conduct. In addition, students witnessing any prohibited conduct or behavior must report same to appropriate College officials in a timely manner.
- Alcoholic Beverages - Alcoholic beverages are prohibited on the campuses of Eastern Florida State College and at any College-sponsored activity or event unless approved in advance by the President. Students found to be in possession without prior approval, or unlawfully in possession or under the influence of alcoholic beverages while on campus or at a College-sponsored activity or event is subject to discipline including suspension or expulsion. Sanctioning a student for conduct prohibited by this section is not conditioned upon the student being cited or convicted in a court of law.
- Animals - Animals are not permitted on any property owned or controlled by the College unless they meet the definition of “service animal” under federal and state law, are an approved accommodation by the Office of Student Access for Improved Learning (SAIL), or are part of an approved course or presentation. See also Sections 203.5 and 203.6 of the College Procedures Manual.
- Arson - No student shall commit or aid in the intentional commission of an act which results in fire being ignited that causes damage or is intended to cause damage, to the property of the College or to the property of any other person.
- Assault and/or Battery - No student shall threaten or inflict bodily harm or discomfort on another.
- Breach of Peace - Conduct or expression on College owned or controlled property which disrupts the orderly functioning of the College or is lewd, indecent or obscene is prohibited. Cellular telephones and audible pagers should only be used outside of classrooms.
- Children on Campus - Because of potential disruptiveness to the learning environment, non- enrolled children are not permitted to visit a class in session or a lab. Non-enrolled children will not be permitted to remain in the common areas of College buildings without adult supervision. Only registered students are allowed to sit in class.
- College-sponsored Activities and Events - Use of College facilities must be approved by the proper College authority. All College-sponsored activities and events, e.g., outdoor concerts, student rallies, outside speakers, etc. are subject to any limitations and provisions established by the appropriate College official.
- Conduct - Conduct or expression that is considered, disruptive, lewd, indecent or obscene is prohibited.
- Contracting or Representation in the Name of the College - Students, including those acting as officers within any of the Student Government Association or clubs, are prohibited from contracting in the name of Eastern Florida State College and may not claim to be official representatives of the College. Students will not endorse a product in a manner which implies an official endorsement by the College.
- Cosmetology Prohibited Act - Student cosmetology services shall be performed only in the lab under the supervision of an instructor. All services must be approved in advance by the instructor. Services shall not be performed in restrooms, hallways, or other areas. Students are expected to adhere to the professional standards associated with licensure expectations. Florida Statute 477.0263 - Cosmetology services shall be performed only by licensed cosmetologists in licensed salons. Florida Statute 477.0265. Prohibited acts. It is unlawful for any person to engage in the practice of cosmetology or a specialty without an active license as a cosmetologist or registration as a specialist issued by the department pursuant to the provisions of this chapter. Any person who violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in §.775.082 or §.775.083.
- Damage or Destruction of Property - Accidental damage, vandalism or malicious damage to property belonging to Eastern Florida State College or others may require restitution from the person(s) responsible for such damage and/ or may result in disciplinary action.
- Defamation, Threats and Extortion - Verbal or written communication which exposes any individual or group to hatred, contempt, or ridicule and thereby injures the person, property, of reputation of another is prohibited.
- Disruption - In accordance with F.S. 1006.61 (1): "Any person who accepts the privilege extended
by the laws of this state of attendance at any public postsecondary educational institution
shall, by attending such institution, be deemed to have given his or her consent to
the policies of that institution, the State Board of Education, and the laws of this
state. Such policies shall include prohibition against disruptive activities at public
postsecondary educational institutions."
Students who intentionally act to impair, interfere with or obstruct the orderly conduct, process and functions of the College, either on or off campus, shall be subject to appropriate disciplinary action by College authorities.
Disruptive conduct shall include, but not be limited to, the following:
- Violence against or endangerment of any member or guest of the College community.
- Deliberate interference with academic freedom and freedom of speech (including not only disruption of a class but also interference with the freedom of any speaker invited by any section of the College community to express his/her views).
- Theft or willful destruction of College property.
- Forcible interference with the freedom of movement of any member or guest of the College.
- Participation in a disturbance of the peace or unlawful assembly.
- Obstruction of the normal process and activities essential to the College community. Orderly demonstrations of points of view by signs, etc., which are neither vulgar nor profane are not considered disorders.
- Distribution or Sale of Literature or Goods - Distribution or sale of literature or goods on the campuses must be conducted in accordance will all applicable College policies and procedures.
- Dress and Appearance - Students are expected to maintain standards of personal appearance and dress which are conducive and appropriate to the maintenance of health, welfare and safety for themselves and for their associates in the community. Dress worn by students must be of sufficient quality and quantity to properly cover and protect the body, including shirt and shoes.
- Duplication of Keys - Duplication of College keys is prohibited.
- Failure to Pay Financial Obligations - The College may initiate disciplinary proceedings against a student who has allegedly refused to pay or failed to pay a debt he/she owes to the College. If a student fails to pay the College an amount due, disciplinary action may be initiated. College transcripts will not be issued to any student who has not satisfied all financial obligations to the College. Students will not be allowed to register for classes until account is cleared.
- Falsification of Records - Falsification of College records, including, but not limited to, admission, registration, disciplinary and health records, by forgery or other means of deception, is prohibited
- Firearms, Weapons, Fireworks, Explosives -
EASTERN FLORIDA STATE COLLEGE is committed to maintaining an educational and workplace environment that is free of violence. The College further recognizes the existence of extensive legislative acts and constitutional provisions pertaining to the rights and obligations of those who own or possess firearms, specifically those addressing the right to carry, store, and transport firearms on one’s person and within motor vehicles.
- While on College grounds or facilities or at College-sponsored activities and events, students, staff, faculty, administration, employees, and invitees, hereinafter referred to as “person”, are prohibited from introducing, exhibiting, possessing, using, storing, buying or selling weapons, firearms, destructive devices, or explosives. [§790.001; §790.115, F.S. (2017)]
- Exceptions: The following circumstances shall not be a violation of this policy/procedure:
- It is lawful and is not a violation of Florida Statute or EASTERN FLORIDA STATE COLLEGE policy/procedure 803 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private vehicle (conveyance), without a carry license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing in this policy prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use.[§790.115; §790.25; §790.251, F. S. (2017)]
- A firearm in the possession of a law enforcement officer who is authorized to possess the firearm whether on or off duty, by the employing law enforcement agency.
- A firearm in the possession of an Armed Security Officer, as defined by College policy and procedure.
- Any other possession of a firearm specifically authorized pursuant to the provisions of F.S. §790.115, (2017).
- Gambling - Gambling is prohibited on the campuses of Eastern Florida State College.
- Hazing - Hazing in any form on campus or at any College sponsored activity is prohibited.
- Harassment – Any conduct that amounts to discriminatory harassment of another is prohibited.
- Identification of Students - Students are required to present proper identification when requested by authorized College officials. Any misrepresentation, alteration or misuse of identification is prohibited. In addition, students are required to obtain a College-issued identification card as soon as practicable upon enrollment.
- Illegal Drugs and Controlled Substances - The College cannot protect students from state and federal drug abuse laws and
will cooperate fully with law enforcement agencies. All applicants for admission to
Eastern Florida State College shall certify in writing that they will not engage in
the unlawful manufacture, distribution, dispensation, possession, or use of a controlled
substance during enrollment at EFSC according to the College’s Drug-Free Policy. This
means that students:
- Will not use, possess, purchase, solicit, sell, manufacture, distribute, or deliver (or possess with intent to unlawfully use, purchase, solicit, sell, manufacture, distribute, or deliver) narcotics, controlled substances, prescription medication without a personal prescription, or other illegal drugs.
- Will notify the College within five (5) business days of any conviction for any offense occurring on or away from campus relating to the possession, sale, purchase, delivery, use, manufacture or distribution of illegal drugs or controlled substances.
- Has read, understood and will obey the College’s Drug-Free Policy. Applicants who
refuse to sign the drug-free certification may be refused admission to the College.
If an applicant cannot agree to accept the above conditions for admission to the College,
he or she may be offered counseling which may include information as to where to obtain
rehabilitative services. The statement of certification will be considered a legal
contract between the student and the College and such contract will be considered
broken upon commission of an offense relating to the use, possession, purchase, solicitation,
sale, manufacture, distribution, or delivery (or possession with intent to unlawfully
use, purchase, solicit, sell, manufacture, distribute, or deliver) narcotics, controlled
substances, prescription medication without a personal prescription, or other illegal
drugs. A student who commits a drug-related offense on campus or while in attendance
at a College event will be sanctioned up to and including suspension or expulsion.
A student who is tested positive for an illegal drug or controlled substance during
screening for College-related programs or for program-related clinical experiences
will also be sanctioned up to and including suspension or expulsion.
Medical Marijuana in Florida. Despite the provisions of Article X, Section 29 of the Florida Constitution, as well as applicable Florida Statutes and implementing F.A.C. Rules, marijuana remains a controlled substance under federal law, and continues to be prohibited by the College. Thus, any member of the College community who meets the definition of “qualified patient” under §381.986(1), Florida Statutes, shall continue to abide by federal law as it relates to marijuana, as well as any and all applicable College policies and procedures.
Sanctioning a student for conduct prohibited by this section is not conditioned upon the student being cited or convicted in a court of law. See also #32.
- Intellectual Property Rights - The College promotes an academic environment that encourages and rewards the creative efforts and innovative spirit of its students. The College, therefore, does not claim ownership rights to the intellectual property created by students in the scope of their attendance except where the student has utilized substantial resources of the College in the development of the work that goes beyond resources commonly provided to students for production of publications or class projects. Intellectual property is meant to include both traditional forms of intellectual property such as student publications, class projects and student papers, as well as non-traditional intellectual property such as CD- ROMS, computer programs, TV courseware or other electronically recorded materials. All such intellectual property remains the property of the authoring student. However, the College retains an interest in said property by virtue of the College’s assistance and support for its development, production and dissemination and, therefore, shall have reasonable access to and use of the intellectual property for such purposes as student evaluation and reproduction in exercising their administrative duties.
- Interference with College Guests - The College may initiate disciplinary actions for any interference with the freedom of movement of any guest of the College.
- Misuse of Emergency Equipment - Fire escapes, designated ground-level doors, fire hoses, extinguishers and alarm equipment are to be used only in emergencies. Tampering with or misuse of these emergency devices, as well as blocking fire exits or impeding traffic in any way, is prohibited.
- Obeying Reasonable Orders of College Officials - Students are required to comply with reasonable requests or orders by authorized College officials or representatives acting on the part of the College. This requirement includes reasonable requests for students to meet appointments in administrative offices and at disciplinary investigations and hearings.
- Outside Speakers - Speakers may be invited to address a campus audience by a recognized student organization and the Student Government Association. These invitations must be approved by the Associate Provost or Provost.
- Public Laws - Any act by a student which constitutes a charge of a violation of public law, occurring either on or off campus, may establish cause of legal and/or disciplinary action by the College. However, if a student is later found to be not guilty of all related charges in a court of law, the College may reconsider any disciplinary sanctions imposed at the request of the student.
- Providing False Information - No student shall knowingly give false or perjured testimony in any College investigation or proceeding. No student shall knowingly give false information to a College official or show reckless disregard for truth.
- Recognition of Student Groups - In order to be classified as a student organization, established, recognized procedures must be met and approved by the Provost.
- Retaliation – No student may retaliate against a person or group who makes a report or complaint, cooperates with an investigation, or otherwise assists College officials in the enforcement of this Student Code of Conduct or any other College policy or procedure. Retaliation includes intimidation, threats, harassment, and other adverse actions.
- Search and Seizure – With reasonable suspicion, College officials may conduct a search of a student’s person or property for the purpose of obtaining information or evidence incident to a violation or suspected violation of the law or this Student Code of Conduct. If necessary, local law enforcement may be contacted for follow up.
- Sexual Misconduct – No student shall commit any act or form of Sexual Misconduct prohibited by Section 800.10 of the College Procedures Manual. Any allegations of Sexual Misconduct shall be processed in accordance with that section.
- Smoking - Consumption of any tobacco products and electronic cigarettes is strictly prohibited within all College work areas, including conference rooms, classrooms, restrooms, stairwells, and hallways. Smoking is also prohibited in any vehicle (to include golf carts) the College owns, hires, or leases. Smoking on College property will only be allowed at designated smoking areas. Employees, students, and visitors may use designated smoking areas only. Proper disposal of smoking material in the ash urns provided is required.
- Theft or Other Abuse of Computer Time, including but not limited to:
- Unauthorized entry into a file to use, read, change contents or for any other use.
- Unauthorized transfer of a file or unauthorized copying of licensed products.
- Unauthorized use of another individual's identification and password.
- Use of computer facilities including laptop and wireless access to interfere with the work of another student, faculty member or College official.
- Use of computing facilities including laptop and wireless access to send obscene or abusive messages.
- Use of computer facilities including laptop and wireless access to interfere with the normal operations of the College computing system.Use of computing facilities including laptop and wireless access to download obscene materials.
- Violation of other established computer lab policies or laptop computer loan agreements.
- Theft, Unauthorized Possession and/or Sale of Property Students involved in theft, unauthorized possession and/or sale of property not belonging to them are subject to College disciplinary action as well as to arrest and prosecution by legal authorities. Students are required to make full restitution. Students in possession of property owned or controlled by the College (i.e., the bookstore, library, audio-visual department, athletic department) or by another person, without authorization or payment for such property, will be subject to College disciplinary action.
- Threat to any College Guest - The active threat of violence against any guest of the College is strictly forbidden.
- Unauthorized Use of College Facilities - The unauthorized use of, or entry into, any College facilities (i.e., classrooms, labs, athletic fields), whether by force or not, is prohibited.
- Unauthorized Recordings – The unauthorized use of recordings including, but not limited to, the recording
of personal conversations, meetings, or activities; use of a camera, video, phone,
or other device to record another person or group without expressed permission or
prior authorization; recording of classes or academic lectures.
EXCEPTION: Academic accommodation per approval and permission through the Student Access for Improved Learning (SAIL).
- Use of College Mail Services - Use of College mail services is limited to official business of the College or College-sponsored or approved College-related organizations. Students must receive approval from the campus Associate Provost Office in order to use College mail services.
- Use of Vehicles - Riding bicycles in hallways, in buildings, or on walkways is prohibited. Motorized vehicles, roller skating and skateboarding are prohibited in areas other than designated roadways on the campuses of Eastern Florida State College. EXCEPTION: Motorized vehicles for handicapped persons may be used on walkways and in buildings.
- Violation of Probationary Status - A student, who is alleged to have violated the Code of Conduct, while being subject to disciplinary or final disciplinary probation, may be charged with the separate offense of violating disciplinary probation.
- Violations of Law - Federal and state law, respective county and city ordinances, and all College and Board of Trustees rules, regulations, policies, and procedures will be strictly enforced.
OVERVIEW OF COMPLAINT AND GRIEVANCE PROCEDURE
The College has procedures for addressing written student complaints and follows those procedures when resolving student complaints. Student complaints need to be addressed in a fair and professional manner, and the policies and procedures governing student complaints need to be well publicized and provide clear and consistent guidelines for their resolution. These procedures are publicized in the Student Handbook and on the College website. The College maintains a record of complaints received by the institution. (SACSCOC 4.5)
Eastern Florida State College in compliance with the Southern Association of Colleges and Schools, Commission on Colleges (SACSCOC) recognizes the value of information provided by students, employees and others in determining whether the College’s performance is consistent with accreditation standards. The College ensures that the grievance procedures and standards are appropriate and fair and are applied appropriately and consistently. They are also well published. The Eastern Florida State College, Board of Trustees Governance Manual section 400.3 addresses student rights and responsibilities. The process is outlined in the EFSC Procedure Manual section 419 Student Comportment
The College encourages individuals to discuss issues and attempt to work out differences in a non-confrontational manner. This informal process is defined as the verbal discussion between the student and the staff or faculty member most closely associated with the concern. The informal process is intended to encourage a satisfactory resolution to a complaint at the earliest possible time; however, the informal process is not a mandatory step in order to access the formal process.
The Advising Coordinator on each campus is the designated student ombudsman for each campus. The ombudsman is not directly involved in any formal complaint or grievance process but will be available to inform the students on their rights and College processes for informal or formal complaint and grievance procedure. The Advising Coordinator will report such activities directly to the Vice President of Academic and Student Affairs as the designee of the President. The Equity Officer is the designated ombudsman for staff, faculty and adjuncts.
Written Student Complaints
Eastern Florida State College provides a process whereby a student can submit a complaint or a concern, in writing, to be addressed by the appropriate college official. The procedure broadly defines the kinds of issues that can be addressed using the process and details the steps leading to a resolution. Students have the right to seek resolution on academic, administrative or student services related concerns through formal and informal processes.
A written complaint is defined as any written correspondence, including emails, but does not include concerns received verbally.
- The informal process for written student complaint is a direct review and resolution by the College representative with the best knowledge of the situation. Students are encouraged to resolve their academic concerns directly with their faculty member, their administrative concerns with the Office of the Associate Provost/Dean on their respective campus, student services related concerns with the Advising Coordinator or Director, Campus Admissions and Records, and financial aid concerns with the financial aid office.
- Concerns related to potential discrimination or equity are first addressed by the equity officer. Procedure 200 addresses equity and discrimination concerns.
- A log of written student concerns is filed electronically with the specifics of the concern and the resolution. This log is used for periodic assessment of processes and measures of institutional effectiveness. Examples of potential student concerns include but are not limited to: academic issues, financial issues, administrative issues, and discipline related to the student code of conduct.
- Students are encouraged to consult with the Advising Coordinator on any campus of the College to determine student rights and College processes that may assist the students in the resolution of their concerns.
Trespass on College Property
- For good cause and in accordance with applicable law, the College may prohibit any person from entering or remaining on College property by the issuance of a trespass notice pursuant to Chapter 810, Florida Statutes.
- The decision to issue a trespass notice will generally be made by Chief of Security
or designee, after consideration of the following:
- Whether the person poses an ongoing threat of harm, or causes substantial disruption of or interference with the normal operations of the College; and
- Whether the issuance of a trespass notice is necessary to protect the health, safety,
or general welfare of the College community, or to preserve or protect College property.
When possible, the decision to issue a trespass notice shall be made in consultation with the Campus Provost (for matters involving students), AVP of Human Resources (for matters involving staff and faculty), and the Campus Sergeant (for matters involving others).
- In matters involving students with disabilities or perceived disabilities, the Chief
of Security or designee, when assessing whether a student poses a significant risk
to the health or safety of themselves or others, shall conduct an individualized and
objective assessment using his or her reasonable judgment based upon on current medical
information or the best available objective evidence to ascertain the following:
- The nature, duration, and severity of the risk; and
- The probability that the potential harm will actually occur; and
- Whether reasonable modifications of policies, practices, or procedures will significantly
mitigate the risk.
If a student is registered with SAIL, the Chief of Security or designee, when determining whether to issue the student a trespass notice, may consult with SAIL representatives and shall be deemed to have a legitimate educational interest in all of the student’s education records (including medical records) maintained by SAIL.
- Trespassed students may request an immediate review of the College’s decision to issue
a trespass notice, subject to the following:
- The request for review shall be made in writing (e-mail is sufficient) to the Vice President of Academic and Student Affairs/CLO within two (2) business days of the date of issuance of the trespass notice, not including the date of issuance. The request for review shall include a complete written statement outlining the reason(s) why the student should not have been issued a trespass notice. The request for review may also include any supporting evidence.
- The scope of the review shall be to determine whether the issuance of the trespass notice was appropriate under the circumstances. The burden of proof shall be on the student, and the standard of review shall be abuse of discretion.
- The Vice President of Academic and Student Affairs/CLO or designee will preside over the review and shall afford the student a reasonable opportunity to be heard and present evidence to the extent possible and practicable under the circumstances (the student will not be allowed to appear in person as a result of being trespassed from College property).
- The review will be completed within ten (10) business days of receipt of the request, which may be delayed due to a semester break, closing of the College, or other extenuating circumstances.
- The student shall be notified of the outcome within three (3) business days of decision.
- If the student does not request an immediate review, or if the Vice President of Academic and Student Affairs/CLO or designee affirms the decision to trespass the student, the trespass will remain in effect until further notice.
- At reasonable times and under appropriate circumstances, the Vice President of Academic
and Student Affairs/CLO may reconsider the decision to issue a trespass notice to
any student upon of receipt of clear and convincing evidence supplied by the student
- The student no longer poses a threat to himself or herself or the College community;
- The student is unlikely to cause future disruption or interference with normal College operations; or
- Other good cause exists to reconsider the issuance of a trespass notice.
- Trespassed students may be administratively withdrawn from any currently enrolled courses at the discretion of the administration.
- The issuance of a trespass notice to any student does not prohibit the commencement of, or hold in abeyance, any disciplinary proceedings under the Student Code of Conduct.